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Eagle Loses Patent Ruling on Branded Rivals of Belrapzo Drug (1)

Oct. 26, 2022, 4:53 PMUpdated: Oct. 26, 2022, 10:56 PM

Eagle Pharmaceuticals Inc. lost a ruling that branded cancer treatments proposed by Slayback Pharma LLC and Apotex Inc. don’t infringe a patent for Eagle’s Belrapzo that expires in 2031.

The only disputed infringement issue, Judge Colm. F. Connolly said, was whether the proposed drugs are “ready to use.” The parties agreed that “ready to use” means “able to be dispensed with minimal if any effort or preparation; prepackaged.”

Eagle conceded the proposed products “are not prepackaged” and also failed to prove they “can be dispensed with only minimal if any effort or preparation,” Connolly wrote in an opinion issued Tuesday ...